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The U.S. Attorney's Office in New York and the ATA, which represents more than 20 U.S. airlines, filed friend-of-the-court briefs Wednesday in support of Northwest's motion.
U.S. Bankruptcy Judge Allan Gropper ruled last week that he has no jurisdiction to block a strike. A federal judge in the Southern District of New York is set to hear Northwest's appeal on Friday.Northwest filed for bankruptcy protection last September in the U.S. Bankruptcy Court in the Southern District of New York, so the appeal must be heard in the same district.
Flight attendants have said they may stage sporadic, unannounced strikes after 9:01 p.m. CDT Friday unless Northwest negotiates a better contract with them.
The U.S. Attorney's Office brief said Gropper was wrong, and that Northwest and the flight attendants are obligated to bargain as required by the Railway Labor Act, which governs labor relations at airlines. The Railway Labor Act generally bars strikes unless a mediator has released both sides from talks -- something that hasn't happened in Northwest's case.
The Association of Flight Attendants has said the law gives them the right to strike because Northwest, with Gropper's permission, imposed a new contract on them on July 31. Flight attendants had twice voted down agreements negotiated between the airline and the union.
In legal papers filed Wednesday, the AFA wrote that Northwest's imposed pay cuts and other changes have been "devastating" for flight attendants.
"If Northwest's motion is granted, the flight attendants' work life going forward will be the product of unilateral and unchecked economic coercion -- a result flatly contrary to the (Railway Labor Act) and hardship which warrants denial of Northwest's appeal and its motion," the union wrote.
Both sides have said they would be willing to negotiate, but no talks are scheduled.
Northwest hasn't said exactly what it will do if flight attendants walk off the job. The airline has a "range of contingency options to respond to any AFA work disruption and will take all necessary actions to continue to operate our normal flight schedule," spokesman Kurt Ebenhoch said Wednesday.
The company needed a new deal with flight attendants to put into effect a total of $1.4 billion worth of concession agreements with other unions. The flight attendants were the last group that had not reached a deal. Pilots, baggage handlers, ground workers and clerical workers had agreed to concessions earlier.
WCCO-TV
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